Agenda item

The Director of Adult Social Care and Health Integration submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 05/23, where circumstances had arisen which required special consideration by the Committee.

 

The Chair introduced those present and outlined the procedure to be followed.  The applicant, who was in attendance at the meeting, verified his name and address and confirmed that he had received a copy of the report and understood its contents. 

 

The Licensing Manager presented a summary of the report, outlining that the applicant was previously licensed with Middlesbrough Council from February 2001 until his licence was revoked in April 2018, by the Licensing Manager, following the incident at 6) in the report.  (A copy of the Licensing Manager’s decision was attached at Appendix 7).

 

It was highlighted that the applicant had appeared before Members when he was previously licensed – in August 2003 in relation to the offences at 2) and 3) detailed in the report - a copy of the Committee report considered at that time was attached Appendix 1; and September 2007 in relation to the offences at 4) and 5) detailed in the report - a copy of the Committee report considered at that time was attached Appendix 2.  On both occasions he was permitted to retain his licence but warned that any future convictions may see him return to Committee where his licence may be revoked.

 

Council records showed that the applicant was also issued with a number of warnings: January 2011 (copy of warning letter attached at Appendix 3); March 2013 (Appendix 4); April 2013 (Appendix 5); and November 2013 (Appendix 6).

 

The applicant was interviewed by a Licensing Enforcement Officer on 11 April 2023 when he confirmed his previous explanations for the offences at 2) to 5) in the submitted report.  The applicant provided explanations for the offences at 1) and 7).  The applicant also confirmed that he had held a PSV licence, obtained through VOSA, since 2021 and had declared all convictions as part of that application process and had completed an advanced driving course in order to obtain the PSV licence.

 

The applicant confirmed that the report was an accurate representation of the facts and was invited to address the Committee in support of his application. 

 

The applicant presented the case in support of his application and responded to questions from Members, the Council’s legal representative and the Licensing Manager.

 

During questions, the applicant advised that he had been prosecuted in relation to the incident at 6) in the report and had subsequently received six points on his DVLA licence. 

 

The Chair granted a short adjournment in order for the Licensing Manager to make enquiries to confirm the information.  The Licensing Manager and applicant withdrew from the meeting whilst enquiries were made and subsequently returned.  The Licensing Manager confirmed that the six penalty points did not appear on the applicant’s DVLA licence as the incident had occurred in 2018 and was now classed as a spent conviction.  The points would have shown up on the applicant’s DVLA licence for a period of four years and this period had now expired.  The applicant had stated that he was prosecuted by the Police in relation to the matter and had pleaded guilty in Court, however, this had not shown up on his enhanced DBS check.  It was clarified, however, that the six points on his DVLA licence would have shown up at the time he was granted a PSV licence by the Traffic Commissioner and the applicant confirmed that this was the case as he had declared all of his convictions as part of the application process and as a result, had been required to successfully complete and advanced driving course, which he had done.

 

It was confirmed that there were no further questions and the applicant and Officers of the Council, other than representatives of the Council’s Legal and Democratic Services, withdrew from the meeting whilst the Committee determined the application. 

 

Subsequently, all parties returned and the Chair announced a summary of the Committee’s decision and highlighted that the applicant would receive the full decision and reasons within five working days.

 

ORDERED that the application for Private Hire Vehicle driver licence, Ref No: 05/23, be granted but the applicant be required to successfully complete the Driver Improvement Scheme, at his own expense, within three months.

 

Authority to Act

 

1.            Under Section 51 of the Local Government Miscellaneous Provisions Act 1976 (“the Act”) the Committee may decide to grant a private hire vehicle driver’s licence only if it was satisfied the driver was a fit and proper person to be granted such a licence.

 

2.            The Committee considered Section 51 of the Act, the Middlesbrough Council Private Hire and Hackney Carriage Policy 2022 (“the Policy”), the report and representations made by the applicant.

 

3.            The application was considered on its own particular facts and on its merits.

 

Decision

 

4.            After carefully considering all the information the Licensing Committee decided to grant the application for a Private Hire Vehicle driver’s licence on the grounds that it was satisfied the applicant was a fit and proper person to be granted such a licence but that the grant of the licence was subject to the applicant completing a Driver Improvement Scheme, at his own expense, within three months in the interests of public safety.

 

Reasons

 

5.         The applicant had been convicted of the following motoring offences and was involved in the following incidents:-

           

History:-

 

27.07.92                      Causing death by dangerous driving, sentence, Community Service Order 240 unpaid work hours, Costs £250 and Disqualification from driving for six years.

 

            16.02.99                      Overloading passengers, sentence £40 fine and 3  

penalty points

 

            01.02.01                      The Applicant was granted a private hire vehicle

driver’s licence

 

            22.05.03                      Plying for hire and no insurance, sentence £345 fine                                    and £245 costs.

 

18.08.03                      Licensing Committee review of Licence, warning given by the Committee

 

            28.01.07                      Assault, simple caution issued by the police

 

30.05.07                      No insurance, sentence £200 fine, £225.50 costs and 6 penalty points

 

24.09.07                      Licensing Committee review of Licence, warning given by the Committee

 

04.12.10                      Parked in a hackney carriage rank, given a warning by officers

 

20.03.13                      Failed to wear private hire vehicle identification badge, given a warning by officers

 

19.11.13                      Drove his private hire vehicle into a bus lane, given a warning by officers

 

26.04.18                      Driving over a zebra crossing on the wrong side of the road near a school, licence revoked with immediate effect by offices, sentenced at court and issued 6 penalty points.

 

            17.06.22                      Excess Speed, sentence 3 penalty points

 

7.         The Policy stated that a serious view is to be taken of any applicant who had been convicted of a driving offence that resulted in the loss of life and unless there were exceptional circumstances a licence would be refused where the applicant had a conviction for an offence of causing death by dangerous driving.

 

8.         The Committee decided to depart from its Policy as the applicant had previously been licensed by the Council and had been granted a licence to drive public service vehicles from the traffic commissioners since 2021.  That the applicant confirmed he had attended a hearing with the traffic commissioners who considered his offences but still granted the licence and the driver said the offence took place when he was 18.

 

9.         The Policy stated applicants with multiple motoring convictions may indicate that an applicant does not exhibit the behaviours of a safe road user and one that is suitable to drive the public safely.  The Policy stated if an applicant had a significant history of offences, showing a disregard for safety, a licence would not be considered unless there was a conviction or incident free period of at least five years from the last conviction or incident.  There was a significant history of driving offences and incidents the last being speeding on 17 June 2022, meaning there was only an incident free period of less than one year.

 

10.       The Committee decided to depart from its Policy for the following reasons.  The applicant had been driving minibuses and licensed by the Traffic Commissioners since 2021, that the applicant informed the Committee he had completed an advanced driving scheme and test when he obtained his PSV licence, that the Traffic Commissioner considered all his offences before granting the licence and that there were no incidents between 2018 and 2022.

 

11.       The Committee decided to condition the licence that the applicant must attend and complete a Driver Improvement Scheme, at his own expense, approved by the Council, within three months.  This was because the applicant was convicted for speeding after he obtained his PSV licence, and the course would improve his driving in the interests of public safety.

 

12.       This decision was final and there was no internal or statutory route of appeal, however, the applicant had the option of judicially reviewing the lawfulness of the decision to the High Court if grounds have been made out.  If an applicant decides to challenge the decision by way of judicial review, it was advised an applicant seeks independent legal advice as to the grounds and time limits that may apply. Please note the Council will apply for any costs it incurs in defending its decision.